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GOP-Led Florida Legislature Meets

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December 9, 2000 

TALLAHASSEE, Fla. (AP) — The Florida Legislature embarked Friday on a mission to deliver the presidency to George W. Bush, a role that became more crucial for majority Republicans after Al Gore won a stunning court victory.

With Florida's 25 electoral votes in dispute, the Bush campaign refused to sit idly by as the lawmakers convened. Republican lawyers offered legal advice to GOP lawmakers and Bush intermediaries provided guidance — but not orders — to House Speaker Tom Feeney.

James A. Baker III, the former Secretary of State who heads Bush's legal team, defended the contacts in a news conference.

``I want to suggest to you that somehow the idea that it's inappropriate for us to talk to Florida legislators who happen to be of the same party, or opposing party, I don't understand that,'' Baker said.

``There's no reason, particularly since the Constitution itself ... is what provides for the possibility of action by the Legislature.''

Baker said he personally met Senate President John McKay last month and has never spoken with Feeney. He also is not in personal contact with other lawmakers.

``The Legislature is going to do whatever the Legislature decides to do. But this certainly does create a great deal more uncertainty,'' Baker said.

The importance of the session to Republicans was elevated when the Florida Supreme Court ordered the manual recounts Gore sought in the state's contested presidential election.

``They've opened a Pandora's box to going into a special session and taking action which was pretty much something that many of us were reluctant to do,'' said Republican Sen. Anna Cowin.

``It's really just making the mix so complicated that we at the Legislature will have only one recourse and that is to go back to the sensibility of what was certified by the state'' — a reference to Bush electors.

Republican Rep. Gaston Cantens accused the state Supreme Court of ``trying to change the outcome of the election,'' and House Speaker Pro Tem Sandra Murman said she was taken aback by the ruling.

``I'm shocked and amazed that our judicial system has become a partisan body,'' she said. ``I think we were kind of reaching the end of all the litigation and they have clearly gone against what's in the statute. Here we are back to square one.''

Democrats, who can't win in the Republican-run Legislature, were overjoyed.

``It's been about counting the votes. That's why we're happy today,'' said House Democratic Leader Lois Frankel. ``The votes are going to get counted. No matter who wins this election, the people win today.''

The Bush campaign lawyers provided legislators with legal interpretations when asked, said spokesman Tucker Eskew.

``No one could be surprised by that,'' he said. ``Nor would anyone be surprised if such contacts occurred between Democratic legislators and Gore lawyers.''

Eskew said those providing legal interpretations to lawmakers included George Terwilliger, a Washington attorney.

``These are constitutional and legal issues so legislators are going to talk to lawyers,'' he said, adding later, ``We are encouraging the Democrats to quantify their contact with legislators and with any Florida courts.''

Eskew's comments followed an acknowledgment Thursday from Feeney that he was receiving advice from Bush intermediaries.

As the legislative session opened, Feeney told lawmakers, ``Much of the world is watching and history is watching as well.''

Senate Democratic leader Tom Rossin countered that the special session was ``an historic blunder.''

``It is a divisive course that will leave lasting scars on this great institution,'' he said. ``History's judgment on all of us will be severe'' if the Legislature acts.

House and Senate resolutions named the electors who were certified after Republican Secretary of State Katherine Harris affirmed Bush's victory by 537 votes last month. Al Gore has challenged that certification in court.

Although the session was the Legislature's first to choose presidential electors in 132 years, the Senate gallery was nearly deserted.

The House gallery was about three-quarters full, but schoolchildren and reporters occupied many of the seats. There was little of the usual chatter of lobbyists in the Rotunda between the two chambers.

Democrats immediately objected to the Legislature's intervention in the presidential dispute, although they were powerless to stop the effort. Republicans carry majorities of 25-15 in the Senate and 77-43 in the House.

``I believe this is illegal, unconstitutional and plain wrong,'' Rossin said. ``Senators, no matter how bad you want the governor of Texas to be president, we cannot substitute our will for the will of the people. Our constituents sent us here to represent them, not to vote for them.''

Both houses adjourned within an hour, reserving hearings on the resolutions for Monday. The 160 lawmakers were expected to finish their work next week.

Democrats objected to using a concurrent resolution to name electors — an alternative to a bill that would need the signature of the GOP candidate's brother, Florida Gov. Jeb Bush.

``It will be void,'' said Sen. Skip Campbell, a Democrat. ``It will have no legal effect whatsoever.''

Feeney said a resolution was chosen because selecting presidential electors is a legislative responsibility while a law would involve the two other branches of government: the executive, through the governor's signature, and the courts, if the legislative action is challenged.

Frankel suggested the Legislature's slate could wind up in a court fight regardless of what procedure gets used.

Sen. Steven A. Geller, another Democrat, said the last time the Legislature selected electors it passed a law that allowed lawmakers to do so instead of holding an election.

That was in 1868, when the Reconstruction-era Legislature, also controlled by Republicans, picked three electors for Ulysses S. Grant. Unlike now, however, the votes were not decisive because Grant defeated Democrat Horatio Seymour 214-80 in the Electoral College.